Summary

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

In accordance with Section 309(g)(4)(A) of the Clean Water Act (“CWA”), 33 U.S.C. § 1319(g)(4)(A), and 40 C.F.R. § 22.45 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (“Consolidated Rules”), the Environmental Protection Agency (“EPA”) is providing notice of a proposed Administrative Penalty Assessment against Prairie Farms Dairy, Inc., for alleged violations at its Swiss Valley Farms Wastewater Treatment Facility located at 11744 Edgewood Avenue, Monona, Iowa, 52159.

Under Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g), the EPA is authorized to issue orders assessing civil penalties for various violations of the Clean Water Act.  The EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding.  The EPA provides notice of the proposed assessment of a Class II civil penalty pursuant to 33 U.S.C. § 1319(g)(4)(A).  Class II proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this case, the EPA alleges that Respondent violated the terms and conditions of its NPDES Permit (IA 0003808) in violation of Section 402 of the Clean Water Act, 33 U.S.C. § 1432.  The EPA alleges that Respondent discharged effluent in violation of Permit conditions and limitations for Outfalls 001 and failed to submit certain reports required by the Permit.  Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter.  Under the proposed Consent Agreement/Final Order, Respondent will pay a civil cash penalty of $45,500.  In addition, Respondent will implement a Supplemental Environmental Project (“SEP”) at a cost of not less than $150,000 to mitigate a portion of the penalty payment.  To implement the SEP, Respondent will construct and implement suite of technology upgrades and automation that includes laboratory upgrades, the installation of a new central control panel and new wastewater monitors, mechanical upgrades to account for the new level of technological control, and the addition of software and programming to complete the automation of certain aspects of the system.  Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.

The EPA will receive written comments on the proposed Administrative Penalty Assessment for a period of thirty (30) days from the date of publication of this notice.  All such comments shall be submitted to the Regional Hearing Clerk at the address provided below.  The procedures by which the public may submit written comments on a proposed Class II order or participate in a Class II proceeding, and the procedures by which a respondent may request a hearing, are set forth in the Consolidated Rules.  Persons wishing to obtain additional information on the proceeding, receive a copy of the EPA’s Consolidated Rules, review the proposed Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219.  Please reference Docket No. CWA-07-2019-0197.  For Technical questions contact Bryant Harris, Water Enforcement Branch, at harris.bryant@epa.gov, at the above mailing address or 913-551-7080.  Persons with legal questions may contact Melissa Bagley, Office of Regional Counsel, at bagley.melissa@epa.gov, at the above mailing address or 913-551-7522.  In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.